In this revision petition judgment and decree dated 20-12-1987 passed by the learned trial Court in - favour of the respondent for possession of land through pre-emption on the ground that he was co-owner of the land, affirmed in appeal, by the learned lower appellate Court through judgment and decree dated 30-3-1988 dismissing the appeal of the petitioners has been assailed.
2. Learned counsel for the petitioners argued that according to judgment reported as Ghulam Qadir v. Nawab Din PLD 1988 SC 701, no decree in favour of the respondent could be passed after 31-7-1986. According to the learned counsel there were no 'talabs' made in accordance with the Islamic injunction. He also argued that at no stage of the proceedings in the suit decree was passed in favour of the respondent before 31-7-1986.
3. On the other hand learned counsel for the respondent candidly conceded that in view of the judgment of the Supreme Court relied upon by the learned counsel for the petitioners impugned judgments and decrees of the Courts below cannot be defended. He conceded that according to law laid down by the Supreme Court the impugned ,judgments and decrees are not maintainable.
4.The Courts below in passing the decree in favour of the respondent in the suit filed by him seeking superior right of pre-emption on the ground of being co-owner have exercised e jurisdiction not vested in them under the law according to law laid down by the Supreme Court in the reported judgment mentioned above. The revision petition is accepted, the impugned judgments and decrees of both the Courts below are hereby set aside and the suit filed by the respondent is dismissed. There will, however, be no order as to costs.